On the 27 of January the Grand Chamber of the European Court of Human Rights in Strasbourg rendered the FINAL DECISION on the sensitive issue of surrogate motherhood, examining the case of the Italian spouses Paradiso and Campanelli. The facts are
Italy – Italian Supreme Court clarifying principles about applicable law and recognition of foreign decisions in divorce matters
The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation
ECHR “Casarrubios” on the Hearing of the Child: age and maturity are not the only factors to be taken into account
Hearing of the Child: age and maturity are not the only factors to be taken into account, but refusal to hear the child who wants to be heard must be well reasoned On ECtHR Casarrubios et Cantalapiedra Iglesias v. Espagne
Spain – On the use of mediation for the enforcement of a return order of children in a child abduction case
The decision of the Provincial Court (Audiencia Provincial) of Barcelona nº 573/2013 of 1 October 2013, though rendered some years ago, outstands as it considers the use of mediation in the enforcement of a child return order in a child
Jurisdiction on marriage annulment: can a daughter claim the annulment of the marriage of her parent after the death of one of them?
It is the first time ever that the issue of marriage annulment is the subject of a ruling of the European Court of Justice. The facts of the case are however more complex than this limited issue. On 20 November
The ECHR confirms discretion of States to refuse marriage to same-sex couples
“The State must provide for rights and legal recognition for same-sex couples, but is not forced to extend the marriage to these couples”. Such statement was made by the European Court of Human Rights in the recent decision Chapin and Charpentier
CJEU case law on RECOGNITION and ENFORCEMENT of judgments
Below you can find all the decisions of the Court of Justice on Recognition and Enforcement of Judgments. No. ECLI identifier Name Arts. Key terms Operative part of the judgment 23. EU:C:2008:406 11/7/2008 Rinau, C-195/08 PPU Arts. 11 (8) 31 (1) 40
CJEU – Judgments
The CJEU case law on the Brussels II bis Regulation No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1. EU:C:2007:714 C, C-435/06
Abduction cases – Recognition and Enforcement of Judgments
An important innovation introduced by this Regulation is the abolition of exequatur, or the filing of a request in a domestic court to declare a foreign judgment enforceable. As a result, the rights of access granted in a judgment are
Divorce and parental responsibility – Recognition and Enforcement of Judgments
Under the Regulation, any EU country must automatically recognise judgements given in another EU country on parental responsibility matters. A judgment on the exercise of parental responsibility enforceable in the EU country where it was issued can be enforced in